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Archive for the ‘Court Cases’ Category

Florida Department of Children and Families: Casey Anthony’s ‘Failure to Protect’ Contributed to Caylee’s Death

August 11th, 2011   No Comments   Abuse, Court Cases, News & Events

After a nearly three-year investigation and a comprehensive review of Caylee Anthony’s death, officials from the Florida Department of Children and Families have concluded that her death was caused, in part, by Casey Anthony’s “failure to protect” her young daughter.

Casey Anthony was acquitted in July by an Orlando, Florida, jury of murdering Caylee. In its report, DCF officials wrote, “It is the conclusion of the Department of Children and Families that [Casey Anthony] failed to protect her child from harm either through her actions or lack of actions, which tragically resulted in the child’s untimely death.”

“The nearly three-year Investigation verified three allegations classified as ‘maltreatments,’ including death, failure to protect and threatened harm,” the Orlando Sentinel reported. Read more here.

Florida Lawyers Argue Whether Victor Barahona Dependency Hearing Should be Open or Closed

July 19th, 2011   No Comments   Abuse, Adoption, Court Cases

Should dependency hearings related to the case of Victor Barahona be open or closed? That’s the question posed by advocates, guardians ad litem and media attorneys – and now facing a judge this week in Miami. Lawyers were arguing whether to close or keep open hearings regarding the boy, who at 10 was severely abused earlier this year, along his twin sister, Nubia. Nubia died from her injuries.

Jorge Barahona, their Miami, Florida, adoptive father, was found with Victor in critical condition and Nubia dead in Jorge’s pick-up truck. Both were victims of alleged abuse. An independent panel later found that Florida Department of Children and Families case workers’ efforts in the Barahona case were shoddy and was the result of “fatal ineptitude.”

According to the Miami Herald, “Lawyers for the Guardian Ad Litem program argued before Miami-Dade Circuit Judge Maria Sampedro-Iglesia that the hearings should be closed to protect Victor.” Read the entire story here.

Child Advocate Howard Talenfeld part of $2.9 million settlement for child abuse victim Jace Manning

April 21st, 2011   No Comments   Abuse, Court Cases, Guardian ad Litem & Representation, Sexual Abuse

As reported by the Daily Business Review, Childrens advocate attorneys Howard Talenfeld of Colodny Fass Talenfeld Kalinsky & Abate and Gary M. Cohen secured a $2.9 million settlement for Jace Manning, who in the first seven months of his life was seen numerous times by physicians for symptoms indicating abuse and neglect.

According to the article: “The responsible agencies didn’t communicate. It was a complete system failure,” Talenfeld said. “What you have is many different agencies involved with child protection, and it’s very easy for the Jaces of the world to fall through the cracks.”

Read the entire story here

North Florida Couple Sues Community Based Care Foster Agency After Child Abuse to Adopted Kids

March 30th, 2011   No Comments   Abuse, Adoption, Court Cases

All the couple wanted was a “forever family” when in 2009 they adopted foster children as their son and daughter via Family Support Services of North Florida. The couple soon discovered the boy and girl, now 6 and 8 respectively, had been in four foster homes and a failed adoption and suffered physical, emotional and sexual abuse — none of which was ever disclosed (as required by law) by the community based agency.

The signs soon were clear. The boy punches his nanny. The girl threatens to kill her adoptive mother. Their savings have been depleted seeking care for the children.

The couple were in Jacksonville, Florida, Tuesday, filing a lawsuit that seeks money to care for the children, plus damages for pain and suffering. It says the agency failed to keep track of JD and WD, as they are named in the lawsuit, or advise the new parents of abuse in the foster homes, at least one of which later was closed, said the parents’ attorney.

“My clients were told the reasons why that home was closed were unknown,” the attorney said. “Records reflect that home was closed due to physical abuse on our clients’ children and/or other foster children.”

Read the news story here.

Howard Talenfeld Appeared on CNN to Discuss Red Flags Missed by DCF

February 21st, 2011   No Comments   Abuse, Adoption, Court Cases, Department of Children & Families (DCF), Foster Care, News & Events

Advocates, Attorneys: Red Flags Missed by DCF Amid Alleged Abuse of Adopted Boy Doused in Chemicals, Sister Found Dead

February 16th, 2011   No Comments   Abuse, Court Cases

The adopted son was sent to Jackson Memorial Hospital’s burn unit, the sister was dead, the adoptive father in custody and the adoptive mother facing the ire of a dependency judge — all while child welfare advocates questioned how warning signs and calls to the Department of Children and Families were missed or overlooked in the horrifying case of Jorge and Carmen Barahona and their adopted children.

CLICK TO VIEW VIDEO OF DCF CHILD CUSTODYHEARING

According to WSVN Miami, Jorge Barahona confessed to police he tried to kill himself and his 10-year-old son while the body of the boy’s twin sister lay in his pickup truck’s bed.

Two days after the discovery of the chemical-filled truck on Monday, the cause of the girl’s of death remains a mystery. But as tales of abuse — being duct-taped or forced to stand in garbage bins — began to unfold, the opinions of advocates was crystal clear: Red flags and warning signs — and the system in place to act on them — failed to respond quickly and thoroughly enough.

“Those are the kinds of allegations that need to be addressed within…hours,” said Howard Talenfeld, the president of Florida’s Children First. Talenfeld said the red flags should have caused DCF to act immediately when first heard on Thursday, not Friday or after the weekend.

Read the WSVN story here. Read a story from The Miami Herald here.

Tale of Florida Law, Court Ruling & Gay Foster Parent Adoption Captures Wide Attention

September 27th, 2010   No Comments   Adoption, Court Cases, Foster Care

Advocates, children’s rights attorneys and others aren’t the only people closely following the story of Martin Gill and his two foster children. The story has caught the attention of local and national media.

The experienced foster parent and his partner took the brothers several years ago when the boys had nowhere else to go and the Florida Department of Children and Families sought a home for them. Then, Gill hoped to adopt the boys.

One problem: Florida law says gay couples cannot adopt foster children.

A Florida state appeals court struck down the law last week. While the story is not yet final, it still has captured national attention. Read some of the coverage here, in the South Florida Sun-Sentinel and Slate Magazine.

Court Rules Florida Gay Adoption Ban is Unconstitutional

September 23rd, 2010   No Comments   Adoption, Court Cases

A Miami appeals court ruling that Florida’s 33-year-old ban on gay adoptions is unconstitutional is certain to heighten discussion among adoption supporters, advocates of foster children, and others who have argued for and against the law — the only such ban in the country.

As reported in the South Florida Sun-Sentinel, a cultural flashpoint was ignited Wednesday when a Miami appeals court ruled that Florida’s 33-year-old ban on gay adoptions is unconstitutional. The ruling only affects Miami-Dade and Monroe counties.

“It’s about time Florida enters the 21st century and starts looking out for its children rather than paying heed to extremist political views,” said Allan Barsky, a professor at Florida Atlantic University in Boca Raton, who lives with his partner Greg Moore and daughter Adelle, 7, in their Fort Lauderdale home.

The social fault line was stirred by the 3rd District Court of Appeals, which upheld a lower judge’s ruling allowing a North Miami gay man and his partner to adopt two young brothers. In a 28-page opinion, a three-judge panel said Florida’s ban on gays adopting was unconstitutional because it singled out gays as unfit parents. Judge Gerald Cope, who wrote the opinion, said there was no evidence to show gays were less effective than heterosexual parents. Read the Entire Story Here.

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